The Supreme Court at Fort
William, Calcutta
The Supreme Court
King George II issued a Letters Patent for establishing a
Supreme Court of Judicature at Fort William, under the
provisions of the Regulating Act, 1773.
Its composition – This court consisted of a Chief Justice
and three more judges who should have had experience as
barristers in England or Ireland for minimum 5 years.
The judges were appointed by the Crown and held office
during His Majesty’s pleasure. The salaries of the judges
were fixed to be paid from the Company’ treasury.
Supreme Court’s Jurisdiction
The Supreme Court had five kinds of jurisdiction -
Civil Jurisdiction :
This was of two kinds – territorial and personal.
The civil matters relating to all persons arising within
the Presidency of Calcutta fell within the jurisdiction of
the Supreme Court. Within the provinces of Orissa,
Bengal and Bihar the Supreme Court had personal
jurisdiction.
A suit could be filed against the following categories of
persons-
1. The East India Company ;
2. The Mayor and Aldermen of Calcutta;
3. His Majesty’s subjects residing or holding property in
Bengal , Bihar and Orissa;
4. The executors and administrators of the persons in 3.;
5. Any other person who was at the time of filing the suit
was in employment by the company.;
6. Any person who had agreed in writing with any of His
Majesty’s subjects of cause of action exceeding Rs. 500.
Admiralty Jurisdiction : The Supreme Court had the same
admiralty jurisdiction in all cases civil and maritime and in
all the maritime crimes committed upon the high seas at
that time. For theses cases the Court took the help of a
petty jury.
Equity Jurisdiction : The Supreme Court was given a similar
jurisdiction as that of High Court of Chancery in
Great Britain had that time.
Ecclesiastical Jurisdiction : The Supreme Court had the
same jurisdiction over British subjects in India as the
similar courts in England at that time. It functioned as a
court of testamentary and probate jurisdiction.
Criminal Jurisdiction :
The criminal jurisdiction extended to all British subjects residing in Calcutta and
within the territory of Bengal , Orissa and Bihar. The British people and the persons
employed under them could be covered in the jurisdiction of the Supreme Court ,
whereas other natives were not subject to this.
The Court had to follow the procedure of English courts and worked as a Court of
Oyer and Terminer and Goal Delivery in and for the town of Calcutta, the Factory at
the Fort William and the Factories subordinate to it.
Trial was to be held with the help of a petty jury. The Court had no jurisdiction to try
the Governor-General and the members of his Council or the Judges of the Court
except in cases of treason.
The Crown was referred for mercy petitions on the recommendations of the Supreme
Court.
Other powers of the Supreme Court :
The Supreme Court was a court of record. It had the power to punish for its
contempt.
Its justices were appointed Justices of Peace throughout the three provinces
of Orissa, Bengal and Bihar and were given the same jurisdiction and
authority as the Judges of the King’s bench in England.
In the latter capacity of the judges of the King’s bench, the Supreme Court
could also issue various prerogative writs which the King’s bench could
issue in England.
Finally all the Governors, Commanders, Magistrates , Officers and
Ministers , civil and military, and all the subjects within the provinces
Orissa, Bengal and Bihar were required to assist and obey the Supreme
Court powers, jurisdiction and authority.
Working of the Supreme Court
The establishment of the Supreme Court was welcome for the
following reasons :-
1. it was the first British Court in India consisting of lawyer judges;
2. it was fully independent of the control of Company’s government
in India
3. its jurisdiction was so wide that every legal wrong of any kind
could be redressed by it ;
4. subjection of all British subjects to its jurisdiction ensured the
rule of law.
Sir Ehjah Impey was the first Chief Justice and Robert
Chambers, John Hyde and Le Maistre were the first judges of the
Supreme Court. It started functioning during the end of 1774.
Ambiguities in Provisions of Regulating Act, 1773
• Relations between the Supreme Court and the Governor-General and
Council become strained due to some ambiguities in the provisions of the
Regulating Act and the exercise of powers by the Supreme Court.
• The position of the Governor –General and Council in the exercise of
their Diwani function vis-à-vis the powers of the Court was also not
clear. They took opposite stands concerning the Diwani functions.
• The jurisdiction of the Supreme Court was not clearly defined with
respect to territory outside the Presidency limits of Calcutta.
• The Supreme Court would issue subpoenas to witnesses and other
connected persons to appear before it on a particular date irrespective of
the fact that they lied outside the Presidency limits and did not believe
that they were not subject to the jurisdiction of the Court.
Clause 4 of the Charter declared the Judges of the Supreme Court
as Justices of Peace “within and through the districts of Orissa,
Bengal and Bihar” and had such authority as the judges if the
King’s Bench in England.
On the basis the judges began to issue writs beyond the Presidency
of Calcutta which the people, particularly the British, who
previously escaped jurisdiction of all courts and had for the first
time come within the jurisdiction of this Court, resented.
The jurisdiction of the Supreme Court was not clearly mentioned
about the natives although the natives living outside the Presidency
limits of Calcutta were not in the jurisdiction.
Any proceedings started by any one against a native he had to
appear in front of the Court to plead lack of jurisdiction, and for
this purpose he had to travel long distances and had to pay his own
costs.
.
The Act did not make any clear provisions about the law which the
Supreme Court had to apply in the proceedings before it. Although it
applied English law, it was not clear about the extent of its application.
The Charter of 1726 had introduced English law as it was till that time but
the position of English law made later was not clear.
Positions of the natives living within the Presidency limits of Calcutta was
not clear, also whether they would be governed by their own personal laws
or English law was not made clear.
The Supreme Court applied the law of England in criminal matters which
was very harsh and severe. For minor offences people could be hanged.
There were innumerable capital offences. The harshness of this law
operated most severely on Indians who neither knew this law nor were
accustomed to it.
Illustrative Case-
This case is one of the most outstanding cases of our modern legal and
political history :
Raja Nand Kumar’s case –
The facts leading to this case were
That Raja Nand Kumar who had held high positions under the Nawabs and
the Company, made an allegation on the then Governor –General Warren
Hastings that he had received Rs. 104,105 and Rs. 2,50,000 from Munny
Begum and Nand Kumar respectively for appointing Nand Kumar’s son and
Munny Begum to be the Diwan and the guardian of Nawab, respectively.
The majority of the members of the council decided that Hastings had
received that money and he should pay it to the company.
• After this even in April 1775 Hastings approached the Supreme Court to
prosecute Nand Kumar and two others for conspiracy, allegation that
Nand Kumar and two others had forced one Kamal to make false
accusations against Hastings.
• But before the trial of his conspiracy case another case of forgery was
started against Nand Kumar, this was moved from prosecution by one
Mohan Prasad who alleged that to defraud the executors of one Bulaki
Das, Nand Kumar had forged a bond in his favour in 1770.
• The court condemned Nand Kumar to death after which he was hanged in
1775.
References
• V.D. Kulshrehtha and V.M. Gandhi, Landmarks
of Indian Legal and Constitutional
• M.P. Singh, Outlines of Indian Legal History,
Universal Law Publishing Co., 2010
